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2009 Supreme(SC) 37

S.B.SINHA, CYRIAC JOSEPH
Oriental Insurance Co. Ltd. – Appellant
Versus
Ram Prasad Varma – Respondent


Advocates appeared:
For the Appellants :Mr. Pankaj Seth and Ms. Manjeet Chawla, Advocates.
For the Respondents:Mr. K.V. vishwanathan, Mr. A. Ramesh, Ms. G. Madhavi, Mr. Anup Kumar, Mr. Venkat Suramania and Mr. T.N. Rao, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Ram Prasad Varma, respondent No. 1, an Assistant Executive Engineer, was employed with Oil and Natural Gas Corporation (ONGC) at Rajahmundry. On or about 9.9.1998, while he was going to the workshop, he was hit by a lorry bearing registration No. AP-16-W-5839. The lorry ran over his legs. He was admitted in the hospital. Indisputably, both his legs were amputated. The fact that an accident had taken place owing to rash and negligent driving on the part of the driver of the said lorry is not in dispute. It is also not in dispute that, at the relevant time, respondent was aged 55 years and his annual income was Rs.2,27,471.00.

3. Respondent having suffered permanent disability filed a Claim Petition in terms of Section 166 of the Motor Vehicles Act claiming compensation of a sum of Rs.20 lakhs; Rs.50,000/- towards extra nourishment; Rs. 50,000/- towards compensation for mental agony, pain and suffering; Rs. 50,000/- for loss of amenities in life and Rs.2 lakhs for the expenditure of attendant throughout the life and Rs.16.50 lakhs towards loss of future earnings.

4. The Motor Accidents Claims Tribunal awarded a sum of Rs.19,63,000/- with







































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